Baker v. Schofield
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Suit in equity by John W. Schofield, as receiver of the Merchants’ National Bank of Seattle, against Charles H. Baker, Algernon S. Norton, and the Seattle Water Front Realty Company. Decree for complainant, and defendants appeal.
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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Suit in equity by John W. Schofield, as receiver of the Merchants’ National Bank of Seattle, against Charles H. Baker, Algernon S. Norton, and the Seattle Water Front Realty Company. Decree for complainant, and defendants appeal. Suit in equity by John W. Schofield, as receiver oí the Merchants’ National Bank of Seattle, for the conveyance by the appellants (defendants in the court below) to him, as such receiver, of certain tide lands situated in the…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] 1. The validity of the contract of January 12, 1897, between Baker, as receiver of the bank, and the state of Washington, for the purchase of the tide lands, is attacked bv the defendants on the ground that the contract was ultra vires; its execution being an exercise of power not conferred upon national banks, or receivers thereof, by the statutes of the United States. Section 5137 of the Revised Statutes of the United States (Comp. St. 1913, § 9674) provides as follows :
“A nal tonal banking association may purchase, hold, and convey real estate for…
2Cases cited18 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Michoud v. GirodSupreme Court of the United States · 1846
- National Bank v. WhitneySupreme Court of the United States · 1881
- Prevost v. GratzSupreme Court of the United States · 1821
- Gardner v. . OgdenNew York Court of Appeals · 1860
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3Cited by8 opinions
- Luria v. Bank of Coral GablesSupreme Court of Florida · 1932
- Whelan v. BlankenbecklerCourt of Appeals for the Fifth Circuit · 1936
- Roth v. HoodCourt of Appeals for the Sixth Circuit · 1939
- Armstrong v. WoolleyCourt of Appeals for the Fifth Circuit · 1937
- In re LevinsonDistrict Court, W.D. Washington · 1924
3 more not listed; retrieve them via the Exa API.